Bongaards v. Millen

The plaintiff filed a complaint in the Probate and Family Court, seeking a declaration that certain property held in trust by his deceased wife, Jean Bongaards (Jean), should be considered part of her estate for purposes of determining his elective share under G. L. c. 191, § 15, the statute permitting a surviving spouse to waive will provisions and elect instead to receive a statutory portion of the estate of the deceased spouse. The plaintiff’s first amended complaint also asserted that assets in a bank savings account maintained by Jean should be subject to his elective share. Acting on…